Scope of Work MADF.pdf

PATRIOT Missile Assembly / Disassembly Facility (MADF) Material Procurement KU-B-UMG, line

SCOPE OF WORK

SCOPE

The U.S. Army Corps of Engineers (USACE), Transatlantic Middle East District (TAM), intends to award a single Firm-Fixed-Price contract for the Local Procurement of Building Materials and Tools in Subhan, Kuwait. This scope of work consist of the procurement of various civil, electrical, plumbing tool and materials needed for the MADF. The Contractor will procure all of the items listed in Attachment 3, in the quantities listed. Each of the items shall include a product data cut sheet, technical specification and/or similar literature in order for the U.S.

Government to successfully evaluate the items against the definable features listed in Attachment 3.

The Contractor will deliver all of the items to a central location in Subhan, Kuwait which will be coordinated with the Contracting Officers Representative (COR) after award.

After contract award, the Contractor will coordinate with the COR to schedule deliveries for items that cannot be stored such as ready mix concrete, sand, stone and other various building materials. The Contractor shall include in their price for these items the number of deliveries expected for each item. For example, if 100 cubic yard (CY) of concrete is needed and can be accomplished 10 deliveries, this should be included in the price breakout. The Contractor shall specify the number of deliveries required to execute the complete contract.

The Contractor will assign a single government point of contact to coordinate all deliveries with the COR.

1. PERIOD OF PERFORMANCE

The Contractor shall be required to (a) commence work under this contract within fifteen (15) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, (c) complete the entire work ready for use not later than One Hundred and Eighty

(180) calendar days after issuance of Notice to Proceed.

2. CONTRACTOR LIASION WITH HOST NATION

All communication by the Contractor with officials, representatives/and or offices of the Government of Kuwait in all matters pertaining to the work to be accomplished under this contract shall be through and in full liaison with Contracting Officer and/or the specified Contracting Officer Representatives.

POINT OF CONTACT

Contracting Officer

Holly Watson Phone: 540-665-2592 Email: Holly.K.Watson@uace.army.mil

Contracting Specialist

Eric L. Caruso Phone: 540-665-2636 Email: Eric.l.caruso@usace.army.mil

Program Manager

Brian S. Johnson Phone: 540-665-1228 Email: Brian.s.johnson3@usace.army.mil

Point of Contact in Kuwait

Name: Fady Yassin Phone: 540-305-7477 Cell (KW): +965 9876 8904 Email: fady.yassin@usace.army.mil

3. COMPLIANCE WITH HOST COUNTRY RULES AND CUSTOM

3.1 The laws of Host Country may prohibit access to certain areas of the country, which are under military control. The Contractor shall furnish the Contracting Officer the names of personnel, type, and amounts of equipment, dates and length of time required at the site, and the purpose of entering the host country. It is understood that areas to which rights of entry are provided by the Host Government are to be used only for work carried out under the contract and no destruction or damages shall be caused, except through normal usage, without concurrence of the Host Government.

3.2 Contractor's Responsibilities: The following items are the sole responsibility of the Contractor to investigate, estimate as to cost, and assume the risk, as normally encountered by Contractors. The Contractor shall be responsible for determining the effect of the following on his own cost of performance of the contract and for including sufficient amount in the contract price:

a. Official language and type of accounts required to satisfy the officials of the Local Government.

b. Entry and exit visas, residence permits, and residence laws applicable to aliens. This includes any special requirements of the Host Government, including those required by local Labor Offices, which the Contractor may have to fulfill before an application for a regular block of visas will be accepted.

c. Passports, health and immunization certificates, and quarantine clearance.

d. Compliance with local labor and insurance laws, including payment of employer's share of contribution, collecting balance from employee and paying into insurance funds.

e. Customs' waiver expirations should be resubmitted by the Contractor at least 45 days in advance of anticipated expiration.

f. Shipment of goods and equipment into the country should be planned by the Contractor such that delays due to Ramadan and local holidays may be avoided.

g. Strikes, demonstrations and work stoppage.

h. Collection through withholding and payment to local Government, of any Host Country income tax on employees subject to tax.

j. Arranging to perform work in the Host Country, to import personnel, to employ non-indigenous labor, to receive payments and to remove such funds from the country.

k. Operating under local laws, practices, customs and controls, and with local unions, in connection with hiring and firing, mandatory wage scales, vacation pay, severance pay, overtime, holiday pay, 7th day of rest, legal notice or pay in lieu thereof for dismissal of employees, slowdown and curtailed schedules during religious holidays and ratio of local labor employed in comparison to others.

l. Possibility of claims in local bureaus, litigation in local courts, or attachment of local bank accounts.

m. Compliance with workmen's compensation laws and contributions into such funds as may be required by Host Nation regulations. The provision of necessary medical services for Contractor employees.

n. Sales within the Host Country of Contractor-owned materials, and equipment.

o. Special licenses for physicians, mechanics, tradesmen, drivers, etc.

p. Identification and/or registration with local police of imported personnel.

q. Stamp tax on documents, payments and payrolls.

r. Base passes for permanent staff, day laborers, motor vehicles, etc.

s. Compliance with all customs and import rules, regulations and restrictions, including, but not limited to, local purchase requirements.

3.3 Establishing a Local Office: It shall be the Contractor's sole responsibility to investigate all requirements for and for obtaining a commercial license to operate and perform work in the Country of Kuwait.

4. DUTIES, TAXES, AND LICENSE FEES

4.1 All materials, equipment and supplies that are for use and/or incorporation into the project are exempt from import and export, duties, taxes, licenses, impost and any other identifiable charges. The Contractor will maintain an inventory control and accounting to reflect the usage and disposition of all U.S Government and /or Contractor –owned property that has entered the country duty free. The Contractor warrants his price for this contract is exclusive of any such charges.

4.2 If after the date of this contract and except for the provisions of paragraph c. below, the Contractor is required by the Host Government to pay any such taxes, duties, or license fees paid directly to the host Government on materials, equipment, and supplies for use and/or incorporation into this project, he shall notify the Contracting Officer in writing. Upon satisfactory proof of the payment of such duties, taxes, or license fees, the Contractor will be reimbursed for the amount of payment therefore. Taxes must be paid per FAR 31.205-41(2) in order for them to be reimbursable.

4.3 Contractor owned or controlled material, equipment and supplies sold or disposed of by the Contractor may be subject to the imposition of local duties and within the Host Country taxes. No reimbursement will be made under this clause for such transactions.

5. HOST COUNTRY TAXES AND FEES:

5.1. The Government of Kuwait, its agencies, and political subdivisions shall levy no taxes or fees on the Contractor or any of its subcontractors on any materials imported into the country of Kuwait for purposes of the execution of this project. This tax exclusion does not apply to the Government of Kuwait taxes levied on the purchase of personal household goods, supplies or personal effects or automobiles in Kuwait by the employees of the Contractor or employees of its subcontractors.

5.2. If, notwithstanding the above, taxes, duties or similar charges are imposed by the Government of Kuwait, under the excepted circumstances described above, the costs thereby incurred by the Contractor shall be reimbursed in the amount of payment therefore, provided that the Contractor complied with all requirements to avail itself of the exemption described in the paragraph above.

6. REQUIRED INSURANCE

6.1 The Contractor shall procure and maintain during the entire period of his performance under this contract the insurance required by Federal Acquisition clause 52.228-3, Workmen's Compensation Insurance (Defense Base Act).

6.2 The Contractor shall submit a copy of their insurance documents to the Contracting Officer within 10 calendar days after contract award. Prior to commencement of work hereunder, the Contractor shall furnish to the Contracting Officer a certificate or written statement of required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective for such period as may be prescribed by the laws of the state in which this contract is to be performed in no event less than 30 calendar days after written notice thereof to the Contracting Officer.

7. SAFEGUARDING OF INFORMATION

The personnel employed on this contract may, in the performance of their assigned duties, have access to data and information pertaining to location of goods, supplies, parts, equipment, vehicles, and explosives. Knowledge of this nature is considered restricted security information.

This information shall be protected and safeguarded against disclosure to any unauthorized person or party and shall be furnished or used on an official "need to know" basis only.

Safeguarding of information is extended to dependents and guests of employees, who may, in any manner, obtain knowledge of the Host Government military capacity.

8. SUBMISSION OF MONTHLY INVOICE

8.1 Monthly Invoices shall be prepared and submitted in accordance with FAR Clause 52.212-4 Terms and Conditions Commercial Items. One copy shall be marked "ORIGINAL".

8.2 Each invoice must be accompanied by the following:

a. Certificate of Conformance indicating Contractor conformance to the requirements of the contract.

b. A copy of the Material Inspection and Receiving Report (DD Form 250) signed by the Contracting Officer's Representative or the Alternate COR.

c. The Program Manager must receive a copy of the signed Material Inspection and Receiving Report and the Certificate of Conformance before payment will be authorized for services performed and supplies received. The Program Manager's copies must be sent to the address shown above in paragraph 12.

d. Final Pay Invoices must be accompanied by a Release of Claims in addition to the information requested above.

e. Failure to provide the required information will result in the rejection of the invoice and a request for a revised invoice that meets the contract requirements. Payment will not be authorized until a proper invoice, meeting the requirements stated herein, is provided.

f. Payment of a proper invoice will be made within 30 calendar days of receipt.

9. MANUALS AND INSTRUCTIONS

Contractor shall provide all necessary manuals and instructions in English to the in-country Government Representative.

10. SECURITY REQUIREMENTS

10.1 Requirements: All contractor, subcontractor, or vendor personnel and vehicles at any tier working at any location on the project are subject to a thorough search upon entering, departing, or at any time deemed necessary by KMOD Personnel. The Contractor shall be responsible for compliance with all laws, regulations and policies of the Government of Kuwait.

The Government reserves the right to deny access or to require the contractor to remove any personnel or equipment deemed to be a threat to security. Work through the Contracting Officer to assure that security regulations are followed.

10.1.1 Security Area: All work under this contract will be confined to the area(s).

Minimum requirements for Contractor entry and operations are described below.

101.2 Identification of Employees in the Laydown Area: The Contractor is responsible for coordinating the demographics of his workforce to account for Kuwait's laws regarding so-called 'countries of concern. Subsequently, each individual shall go through Screening Process before the issuance of entry badge. Employees shall wear identification badges prominently displayed at all times while in the Project Areas. Failure to wear a properly displayed identification badge may be considered grounds for removal of the employee from the sites.

Conduct random inspections to assure that identification badges are properly displayed. In addition to identification badges, all contractor labor personnel shall wear coveralls of a distinct color for the contractor's personnel and for each subcontractor's personnel. The coveralls shall have markings on the back clearly identifying the company for whom the employee works.

10.1.3 Identification of Vehicles and Equipment: All Contractor vehicles and equipment entering the laydown areas must be listed on the Access List. Provide a list of all vehicles that require access to the project areas. This access list includes the type of equipment, make and model, registration number, company name of owner. Plan vehicle and equipment requirements such that the access list will contain all those vehicles and equipment that will need access to the laydown areas for completion of the delivery. All Contractor vehicles and equipment will be subject to a thorough inspection by security personnel, including, as a minimum, a detailed inspection of the vehicle's interior and undercarriage. No vehicle may be left unattended in the laydown area at any time.

10.1.4 Escorted Access Passes: On occasion that an individual vendor or subcontractor manager, materials delivery vehicle etc., requires access to laydown areas, whose name or vehicle does not appear on the current employee or vehicle access list, those person may be allowed escorted access.

10.1.5 Contractor Security Manager: Appoint an individual to act as Security Manager throughout the duration of this contract. The Security Manager's primary function is to coordinate all issues relative to access work site, to establish and maintain employee and vehicle access lists, to coordinate the entry of escorted visitors and materials to the Security Areas, and to generally represent the contractor's interest in dealing with the Contracting Officer and the Kuwait security officer. This individual must be capable of clearly communicating orally and in writing with Security personnel. The ability to communicate in English as well and Arabic/Modern Standard Arabic and coordinate access with KMOD security personnel is required. The ability to communicate in other languages than English will be beneficial as well.

The Security Manager will be subject to the approval of the KMOD and can be removed from the position at any time at the request of the KMOD. The Security Manager will work at the Contractor's office. At the start of construction the Security Manager, the Contracting Officer and KMOD Officer must meet to discuss all details of the security requirements, to reach an understanding of the Security Manager's duties and other operational relationships.

10.1.6 Access to Operational Areas: Contractor personnel are expressly prohibited from entering the Project Area without authorization. Coordinate necessary access through the Contracting Officer and approved by the Security Officer a minimum of 14 days before access is required.